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Madras High CourtWP(MD)/21056/2021allowed

Sundaravel A.M. v. The Principal Secretary

2026-03-13Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.21056 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.21056 of 2021 A.M.Sundaravel ... Petitioner Vs.

1. The Principal Secretary, Revenue Department, State of Tamil Nadu, Chennai - 600 009.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

4. The Village Administrative Officer, Munneerpallam Village, Palayamkottai Taluk, Tirunelveli District.

5. S.S.Kaja Sadhurutheen (R-5 is impleaded vide order dated 13.03.2026 in W.M.P.(MD)No.18139 of 2021) ... Respondents 1/5

2 W.P.(MD)NO.21056 OF 2021 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made in Munneerpallam Village Pond, Munneerpallam Village, Palayamkottai Taluk, Tirunelveli District within a stipulated period as framed by this Court.

For Petitioner : Mr.A.M.Sundaravel, Petitioner-in-Person.

For Respondents : Mr.S.Vinodh, Government Advocate.

* * *

O R D E R

Heard both sides.

2. The petitioner alleges that there are encroachments in Munneerpallam Village pond in Palayamkottai Taluk.

3. When the matter was taken up for final hearing, it is conceded that in a portion of pond, there are encroachments.

4. This writ petition is pending from the year 2021. The 2/5

3 W.P.(MD)NO.21056 OF 2021 respondents had not taken any action to remove these encroachments. The learned counsel for the impleaded respondent states that the impleaded respondent has not committed any encroachment in the water body. We make it clear that we have not gone into the merits of the matter. The authorities will issue notice to all the persons concerned and after ascertaining the true character of the land, action for removal of encroachment will be taken. We direct the authorities to ensure that all the encroachments in the petition-mentioned pond are cleared and the original position is restored. This exercise shall be concluded within a period of four months from the date of receipt of a copy of this order. This writ petition stands allowed. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 13th March 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.21056 OF 2021 To:

1. The Principal Secretary, Revenue Department, State of Tamil Nadu, Chennai - 600 009.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

4. The Village Administrative Officer, Munneerpallam Village, Palayamkottai Taluk, Tirunelveli District.

4/5

5 W.P.(MD)NO.21056 OF 2021 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.21056 of 2021 13.03.2026 5/5